|Article title||Criminal Law Ideology and Criminal Law Policy|
Doktor of Law, Professor, Honored Worker of Science and Technology of Ukraine, Head of the Department of Criminal Law Vasil Stefanyk Precarpathian National University Educational and Scientific Institute (Ivano-Frankivsk, Ukraine) firstname.lastname@example.org
|Name of magazine||Legal journal «Law of Ukraine» (Ukrainian version)|
The situation with current criminal legislation of Ukraine which we are facing today could not be described otherwise than the crisis. Over 18 years, the number of changes and additions to the current Criminal Code of Ukraine has reached a critical mass. At the same time, it should be acknowledged that very often these changes and additions stem from the specific clan, political, and opportunistic interests, and are often ill-conceived; furthermore, along with being non-contributory to addressing the issues related to combating encroachments on the most essential public relations, goods and interests, on the contrary, they have a negative impact on this activity.
Unfortunately, over the years of existence of the independent Ukrainian State, no national idea has been created, generally, and no national ideology formed, despite the fact that in 1991 there was a change of the socio-economic formation which gave rise to this need. As a consequence, no national legal ideology, with criminal law ideology as its component, has been formed. For this reason, current criminal legislation of Ukraine retains the ideological buildups which were intrinsic to criminal law of the Ukrainian Soviet Socialist Republic and still largely rests upon the criminal law ideology dating back to the Soviet Union times.
All this is due to the fact that the modern national criminal law policy does not have as its basis the national criminal law ideology and the criminal law doctrine and concept.
The criminal law ideology, which is a component (element) of legal ideology in general, for its part, is an element of criminal law consciousness. It is a set of systematized and coordinated criminal law ideas, theories, concepts, provisions and principles which are characterized by mutual interrelated subordination and aim at forming a criminal legislation and its application practice which would be desirable for society (a separate social group), and at forming, within criminal law consciousness, of a positive assessment of the efforts taken by virtue of criminal-law to combat crime, as well as at formulating well-reasoned requirements for its improvement.
Criminal law ideology is a self-standing political and legal phenomenon which performs the function of setting the role and the boundaries of criminal law extension from the perspective of regulation of conduct of society members and their submission to the most essential and generally accepted rules of conduct, values, and interests. The purpose of this article is to develop the approaches allowing to understand criminal law ideology, its place in the system of legal policy, as well as the concept and place of the criminal law doctrine in the structure of criminal law ideology, the concept of ideology of criminal law policy and the fundamental principles upon which the concept of criminal legislation of Ukraine is based.
|Keywords||criminal law consciousness; criminal law ideology; criminal law doctrine; ideology of criminal law policy; criminal law policy; criminal law ideal|
1. Chalidze V, Ugolovnaya Rossiya [Criminal Russia] (“TERRA”–“TERRA” 1990) (in Russian).
2. Hryshchuk V, Filosofsko-pravove rozuminnia vidpovidalnosti liudyny [Philosophical and Legal Understanding of Human Responsibility] (2-he vyd, Khmelnytskyi un-t upravlinnia ta prava 2013) (in Ukrainian).
3. Kolomiiets Yu, Kryminalno-pravova ideolohiia: filosofsko-pravove doslidzhennia [Criminal Law Ideology: Philosophical and Legal Study] (FOP Petrov O S 2019) (in Ukrainian).
4. Kuznetsov V ta Savchenko A, Kryminalne pravo Ukrainy: pytannia ta zadachi dlia pidhotovky do vstupnykh, semestrovykh ta derzhavnykh ekzameniv: navchalnyi posibnyk [Criminal Law of Ukraine: Questions and Tasks Preparing for Entrance, Semester and State Examinations: Study Guide] (Tsentr uchbovoi literatury 2011) (in Ukrainian).
5. Lening Rihard, Ob osnove i prirode prava [On the Basis and Nature of Law] (Tipografiya A I Mamontova 1909) (in Russian).
6. Naumov A, Prestuplenie i nakazanie v istorii Rossii [Crime and Punishment in the History of Russia] (Yurlitinform 2014) t 2 (in Russian).
7. Nediukha M, Pravova ideolohiia ukrainskoho suspilstva [Legal Ideology of Ukrainian Society] (MP Lesia 2012) (in Ukrainian).
8. Voslenskiy N, Nomenklatura [Nomenclature] (Sovetskaya Rossiya 1991) (in Russian).
Edited books 9. Vasilev A (red), Gosudarstvennaya ideologiya [State Ideology] (Yurlitinform 2019) (in Russian).
10. Panov M, ‘Pravova ideolohiia i reformy v Ukraini’ [‘Legal Ideology and Reforms in Ukraine’] Yurydychnyi visnyk Ukrainy (Kyiv, 26 Veresen – 2 Zhovten 2015) (in Ukrainian).
11. Sorokin V, ‘Sudebnaya praktika kak istochnik prava. Za i protiv’ [‘Judicial Practice as a Source of Law. Pros and Cons’] (Yuridicheskaya Rossiya, 1 Yanvar 2008) <http://www. law.edu.ru/article/article.asp?articleID=1115025> (accessed: 13.01.2020) (in Russian). Websites 12. ‘Doktryna’ [‘Doctrine’] (Wikipedia) <https://uk.wikipedia.org/wiki/Доктрина> (accessed: 13.01.2020) (in Ukrainian).
13. ‘Kontseptsiia reformuvannia zakonodavstva pro publichni pravoporushennia’ [‘Concept of Reforming the Law on Public Offenses’] (Lvivskyi forum kryminalnoi yustytsii) <http://www.lfcj.com.ua/ua/концепція-форуму/> (accessed: 13.01.2020) (in Ukrainian).